Asbestos
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Asbestos is a group of naturally occurring silicate minerals with numerous industrial, commercial and domestic uses. Its dangers were known over 100 years ago, however, it was only banned in Australia on 1 January 2004.
People who have been diagnosed with asbestos related disease such as mesothelioma might have worked regularly with asbestos, or might not recall ever having been exposed to asbestos. The Australian Mesothelioma Registry records a number of Australians diagnosed with mesothelioma each year. Of these, the mean age of 75, they are more often male and were exposed to asbestos at work and performing home renovations. The number of women diagnosed each year has increased over time. Women rarely report a workplace exposure, rather they were exposed to asbestos through living with someone who worked with asbestos or were present during home renovations where asbestos containing building materials were used. This sort of exposure, through home renovations, has led to what is commonly referred to as the ‘third wave” of asbestos victims. A thorough investigation by an expert legal practitioner of the client’s family and occupational history will usually reveal a compensable asbestos exposure. |
It is important to know that you may be eligible for compensation even if:
You have smoked or continue to smoke Your former employer has gone out of business You were a self employed tradesperson or contractor You did not directly work with asbestos You were a home renovator or were present when renovations were taking place "I have no hesitation in recommending McDermott Richards Lawyers confidant that they will help you as they did me."
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Mesothelioma and other asbestos-related diseasesAsbestos-related diseases are latent onset conditions, meaning that the exposure to asbestos may have occurred between 10 to 50 years ago
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Asbestos-related diseases include:
Mesothelioma – pleural and peritoneal Asbestos-related lung cancer Asbestosis Asbestos-related pleural diseases Pleural plaques |
What compensation is available?The amount of compensation you may be entitled to is generally governed by the law of the state in which you were exposed to asbestos.
It will also depend on whether you were exposed at work, at home or whilst using products containing asbestos. |
Damages may be available to compensate you for:
Pain and suffering
Loss of life expectancy Past and future medical expenses Past and future care Past and future care for your dependants Past loss of earnings and future loss of earning capacity |
As time limits apply, it is very important to get legal advice as soon as practical after diagnosis. It is not until your case is issued in court in your lifetime that your rights are protected. |